In Re Dar. C.
957 N.E.2d 898
Ill.2011Background
- In Sept. 2006, the Illinois DCFS filed a petition identifying respondent as the putative father of two of Tonya Findley’s children, with an address listed as Sheridan Correctional Center.
- A shelter care hearing occurred Sept. 8, 2006, and the court entered an agreed temporary custody order with respondent’s whereabouts listed as unknown.
- An affidavit for service by publication was filed Sept. 11, 2006, asserting respondent could not be located in Illinois and that his address could not be determined by diligent inquiry.
- Publication notice was issued Sept. 19, 2006; a Department diligent search later identified potential Chicago-area addresses but yielded no response.
- By late 2007, multiple potential addresses were identified and letters mailed; in Dec. 2007 a Lake Villa address was later tied to a separate child-support action that obtained respondent’s address.
- In March 2008, the trial court terminated respondent’s parental rights; in 2009, paternity was established; the 2011 ruling held that the publication notices were defective for lack of a proper diligent inquiry.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the September 2006 service by publication valid? | Crockett asserts lack of diligent inquiry invalidates service. | People contend publication complied with statute and conferred jurisdiction. | No; publication invalid due to deficient diligent inquiry. |
| Was the November 2007 service by publication valid given knowledge from a separate child-support action? | Crockett argues actual knowledge precluded publication under 2-16(2). | People contend adequate diligent inquiry followed before publication, even if address later uncovered. | No; publication based on known address cannot confer jurisdiction; later actual knowledge undermines validity. |
Key Cases Cited
- In re M.W., 232 Ill.2d 408 (2009) (due process and personal jurisdiction in termination cases)
- In re M.H., 196 Ill.2d 356 (2001) (parens patriae and publication requirements in termination)
- In re A.S.B., 293 Ill.App.3d 836 (1997) (diligent inquiry standard under 2-16(2))
- In re Antwan L., 368 Ill.App.3d 1119 (2006) (voidness of publication where lack of jurisdiction evident)
- In re D.D., 196 Ill.2d 405 (2001) (agency notice and diligent inquiry in service)
- Ayala, 344 Ill.App.3d 574 (2003) (face-of-record collateral attack concepts in void judgments)